[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2278 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2278

  To prohibit the importation into the United States of spent nuclear 
fuel unless licensed facilities are in operation that have the capacity 
 to store or dispose of all nuclear spent fuel generated by commercial 
 nuclear reactors in the United States and from atomic energy defense 
activities, and to allow local port authorities to establish health and 
       safety guidelines for safe shipment of spent nuclear fuel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 1995

Mr. Wyden (for himself and Mr. Bunn of Oregon) introduced the following 
bill; which was referred to the Committee on Commerce, and in addition 
     to the Committees on Economic and Educational Opportunities, 
 Transportation and Infrastructure, and International Relations, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To prohibit the importation into the United States of spent nuclear 
fuel unless licensed facilities are in operation that have the capacity 
 to store or dispose of all nuclear spent fuel generated by commercial 
 nuclear reactors in the United States and from atomic energy defense 
activities, and to allow local port authorities to establish health and 
       safety guidelines for safe shipment of spent nuclear fuel.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Import Control and Safe Handling of 
Spent Nuclear Fuel Act of 1995''.

SEC. 2. PROHIBITION ON IMPORTS OF SPENT NUCLEAR FUEL.

    No spent nuclear fuel may be imported into the United States 
unless--
            (1) the Congress by law has approved a repository or 
        repositories with the capacity to store or dispose of all spent 
        nuclear fuel generated by commercial nuclear reactors in the 
        United States and from atomic energy defense activities;
            (2) the appropriate Federal agency or agencies have 
        licensed such repository or repositories for the purpose 
        described in paragraph (1); and
            (3) the repository or repositories are operating.

SEC. 3. NATIONAL SECURITY EXCEPTIONS.

    (a) Proliferating Countries.--The prohibition contained in section 
2 shall not apply to imports of spent nuclear fuel from a country if--
            (1) the President determines that such country--
                    (A) is not a country authorized to possess nuclear 
                weapons under the Treaty on the Non-Proliferation of 
                Nuclear Weapons; and
                    (B) is known or suspected to be producing or 
                developing nuclear weapons; and
            (2) the President so notifies the Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate at least 30 
        days in advance of the arrival of the imported fuel into the 
        customs territory of the United States.
    (b) Samples.--The prohibition contained in section 2 shall not 
apply to samples of spent nuclear fuel imported for testing and 
evaluation for national security purposes.

SEC. 4. GUIDELINES BY PORT AUTHORITIES TO ENSURE SAFE SHIPMENT OF 
              CERTAIN MATERIAL.

    (a) In General.--Any port authority may--
            (1) through a public comment process, establish reasonable 
        guidelines to ensure that the unloading, transfer, and shipment 
        of spent nuclear fuel at or through a port under its 
        jurisdiction is conducted in a manner that protects the public 
        health and safety and the environment at, and in the vicinity 
        of, such marine port; and
            (2) require that any such unloading, transfer, or shipment 
        be in compliance with such guidelines.
    (b) Descriptions of Guidelines.--Guidelines which a port authority 
may establish include, but are not limited to, the following:
            (1) Workers must be properly trained (to the satisfaction 
        of any union representing such workers) in the handling of the 
        spent nuclear fuel.
            (2) A comprehensive response plan covering spent nuclear 
        fuel (including containment in case of fire, spill response, 
        and other contingencies) must be in place before spent nuclear 
        fuel can enter the port.
            (3) Local communities must be informed of the unloading, 
        transfer, or shipment of the spent nuclear fuel, as well as 
        possible consequences. The guidelines may include and, if 
        requested by local communities in the immediate vicinity of the 
        port over which the port authority has jurisdiction, or local 
        communities through which spent nuclear fuel would pass when 
        transported by rail or motor vehicle from the port, should 
        include, reasonable standards for storage or parking of casks 
        or transport vehicles carrying spent nuclear fuel and 
        prohibitions against the movement of spent nuclear fuel from 
        the port at certain times or under certain weather, traffic, or 
        similar conditions that could increase the exposure of the 
        public to radiation or increase the risk of an accident 
        occurring during the movement of the spent nuclear fuel.
            (4) Radiation exposure levels for workers may not exceed 
        standards for public exposure previously established by 
        regulation.
    (c) Relation to Other Requirements.--(1) Subsection (a) shall apply 
only to guidelines that are more protective of the public health and 
safety and the environment than other applicable requirements 
established under Federal, State, or local law.
    (2) The existence or enforcement of any requirements under any 
Federal, State, or local law governing the unloading, transfer, or 
shipment of spent nuclear fuel shall not preclude or preempt the 
adoption or enforcement of guidelines established under subsection (a).

SEC. 5. LIABILITY.

    Nothing in this Act shall affect the liability or indemnification 
of the port in the handling of nuclear materials.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) Atomic energy defense activity.--The term ``atomic 
        energy defense activity'' means any activity of the Secretary 
        of Energy performed in whole or in part in carrying out any of 
        the following functions:
                    (A) Naval reactors development.
                    (B) Weapons activities including defense inertial 
                confinement fusion.
                    (C) Verification and control technology.
                    (D) Defense nuclear materials production.
                    (E) Defense nuclear waste and materials byproducts 
                management.
                    (F) Defense nuclear materials security and 
                safeguards and security investigations.
                    (G) Defense research and development.
            (2) Port authority.--The term ``port authority'' means any 
        local, regional, State, or interstate authority having 
        jurisdiction with respect to the operation of a port in the 
        United States.
            (3) Repository.--The term ``repository'' has the meaning 
        given such term by section 2(18) of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10101(18)).
            (4) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given such term by section 2(23) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101(23)).
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